Commonwealth v. Bailey
Massachusetts Supreme Judicial Court
The defendant was indicted for uttering a forged and counterfeit bill of the Maine Bank, of five dollars. In this case it was alleged in the indictment that the forged bill was in the words and figures following, viz.— B. ' No. 237. FIVE DOLLARS. , The President, Directors, and Company of the Maine *? Bank, promise to pay N. Shaw, or bearer, FIVE S DOLLARS on demand. — Portland, the 7th day of 95 Feb. 1803. D. Hale, Cash’r. Sam. Freeman, Presid’t.
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The defendant was indicted for uttering a forged and counterfeit bill of the Maine Bank, of five dollars. In this case it was alleged in the indictment that the forged bill was in the words and figures following, viz.— B. ' No. 237. FIVE DOLLARS. , The President, Directors, and Company of the Maine *? Bank, promise to pay N. Shaw, or bearer, FIVE S DOLLARS on demand. — Portland, the 7th day of 95 Feb. 1803. D. Hale, Cash’r. Sam. Freeman, Presid’t. The bill produced and offered in evidence had on it, between the words “five” and “dollars” at the top, the representation of an eagle, with the…
1Opinion of the Court
The Court (Dana, C. J., Strong, Sedgwick, and Thacher, justices) agreed to the principle contended for by the defendant’s counsel, but held that it did not apply to this case. They said that the number of the bill, and the words and figures in the margin, were not parts of the bill, but merely * marks superadded for the convenience of the bank, or of the holder of the bill, and, therefore, not necessary to be set out in an indictment in any case. The whole bill, all that is evidence of a contract, is set out; and set out truly and precisely. (1)
Vide ante, p. 54, Commonwealth vs. Stow; post,…
2Cited by4 opinions
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